The ICC's Fitness Vote: Can Its Prosecutor Lead Again?

Ahead of Friday’s Assembly of States Parties vote on whether ICC Prosecutor Karim Khan should be removed, the authors argue the decision is about the Office’s capacity to function under Article 46, not a criminal trial. They acknowledge procedural flaws but insist the fitness question must be decided on the total record—including Khan’s prolonged absence, bar suspension, and staff concerns about trust and retaliation—rather than the process alone. They call for independent, pre-established mechanisms for investigating senior officials and conclude Khan should not resume duties, urging governance reform as the immediate priority.